2010 PLP 67 (MLD)
HAIDAR ALI and 4 others — Petitioners Versus THE STATE — Respondents
| Citation | 2010 PLP 67 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | HAIDAR ALI and 4 others — Petitioners Versus THE STATE — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 67 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 67 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 67 (MLD) (HAIDAR ALI and 4 others — Petitioners Versus THE STATE — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Alam Khan for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss. 324/353/225/225-B/148/149--Attempt to commit Qatl-i-Amd, assault or criminal force to deter public servant and resistance or obstruction to lawful apprehension of another person
West Pakistan Arms Ordinance (XX of 1965), S.13
Case of Police was that when they were catching hold of a person who allegedly was dealing in narcotics, accused persons present in the Hujra of said person, resisted the arrest of said person and they intimidated the Police by issuing threats
None of accused was charged by specification, nor any specific role was given to them
Except one, other accused persons were not even shown armed
Alleged Hujra belonged to said person who allegedly was dealing in narcotics who had absconded
Was not yet known as to for what purpose accused persons were present in the said Hujra
Nothing was recovered from accused persons
Accused, in circumstances were entitled to concession of bail.
Judgment & Decree
TARIQ PARVEZ KHAN, C.J.
Petitioners have applied for bail as they were arrested in a case F.I.R. No. 615, dated 19-12-2008 of Police Station Tehkal, District Peshawar.
2. According to the F.I.R., one Iqbal Hussain was arrested who was found in possession of 80 grams of Charas. During interrogation, he disclosed that he has purchased the recovered Charas from one Saleem. The Hujra of Saleem was, therefore, raided and some 9 persons were found present including five petitioners.
3. It is case of the police that when they were catching hold of Saleem, other persons present in the Hujra, resisted the arrest, followed by four accused other than five petitioners, who went to the roof top and were intimidating, by issuing threats to the police and ultimately those, IA who were on the roof top, escaped.
4. The police then recovered 6 kg of charas from the Hujra besides small scale and some weights.
5. None of the petitioners is charged by specification nor any specific role is given to them. Except for Javed rest of the petitioners were not even shown armed. The Hujra as per present record belongs to Saleem, the absconding accused. It is not yet known as to what for the present petitioner were present in the Hujra of Saleem. When nothing has been recovered from them, they are entitled to the concession of bail. Therefore, this bail application is allowed and the petitioners, namely, Haidar Ali, Ashiq Ali, Rahim Shah, Javed and Yar Khan are admitted to bail provided they furnish bail bonds in the sum of Rs. One lac each, with two sureties, each in the like amount, to the satisfaction of the Illaqa/Judicial Magistrate. H.B.T./188/P Bail granted.